On April 4, 2022, the U.S. Court of Appeals for the Eighth Circuit joined the Ninth Circuit in holding that a plaintiff lacked Article III standing to prosecute her statutory claims under the Fair Credit Reporting Act (FCRA)...more
4/6/2022
/ Adverse Employment Action ,
Article III ,
Background Checks ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
Putative Class Actions ,
SCOTUS ,
Screening Procedures ,
Spokeo v Robins ,
Standing
As we predicted four years ago, class action lawsuits against employers under the Fair Credit Reporting Act (FCRA) continue to spike, including class actions targeting background check disclosures....more
Employers should continue to exercise caution and care in drafting their criminal record screening policies. A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth...more
11/4/2019
/ Administrative Procedure Act ,
Ban the Box ,
Bias ,
Civil Rights Act ,
Class Action ,
Conditional Job Offers ,
Corporate Counsel ,
Criminal Background Checks ,
Dollar General ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Job Applicants ,
Multistate Corporations ,
Retailers ,
Settlement ,
Title VII
On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative...more
8/7/2019
/ Administrative Procedure Act ,
Ban the Box ,
Civil Rights Act ,
Conditional Job Offers ,
Corporate Counsel ,
Criminal Background Checks ,
Criminal Records ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Injunctions ,
Job Applicants ,
Summary Judgment ,
Title VII
A federal court’s recent decision demonstrates the value in reviewing all documents related to the independent contractor background screening process to attempt to solidify potential defenses to expansive class-action...more
On April 15, 2019, a California Court of Appeal affirmed summary judgment for the employer in an action alleging class-wide violations of the hyper-technical provisions of the federal Fair Credit Reporting Act (FCRA)....more
Almost two years ago to the day, the U.S. Court of Appeals for the Ninth Circuit became the first appellate court to rule on the lawfulness of a liability waiver in a Fair Credit Reporting Act (FCRA) disclosure. ...more
Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. Following a multi-million dollar settlement by a leading retailer earlier this year, a recent...more
9/17/2018
/ Ban the Box ,
Class Action ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Fair Chance Act ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Job Applicants ,
Multi-Jurisdictional Litigation ,
Screening Procedures ,
State and Local Government ,
State Labor Laws ,
Statutory Violations
On September 10, 2018, in Long v. Southeastern Pennsylvania Transportation Authority (SEPTA), the U.S. Court of Appeals for the Third Circuit joined the chorus of recent circuit court opinions tackling the question of...more
9/11/2018
/ Adverse Action ,
Appeals ,
Article III ,
Background Checks ,
Class Action ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
Job Applicants ,
Standing ,
Statutory Violations
On September 6, 2018, in Auer v. Trans Union, LLC, the U.S. Court of Appeals for the Eighth Circuit joined the Seventh Circuit in holding that an individual plaintiff did not have constitutional standing to sue in federal...more
9/10/2018
/ Appeals ,
Article III ,
Background Checks ,
Credit Reports ,
Dismissals ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
Standing ,
Statutory Violations ,
Wrongful Termination
On August 29, 2018, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in Robertson v. Allied Solutions, LLC, holding the plaintiff had standing to sue in federal court under the Fair Credit Reporting Act...more
Nationwide class action claims against employers under the federal Fair Credit Reporting Act (FCRA) are more common now than ever before. On July 13, 2018, the U.S. Court of Appeals for the Ninth Circuit issued an opinion,...more
7/19/2018
/ Appeals ,
Article III ,
Background Checks ,
Ban the Box ,
Banking Sector ,
Class Action ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
Screening Procedures ,
Standing ,
State Farm
Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. A recent settlement by one of the nation’s leading retailers, Target, reinforces this point. The...more
4/9/2018
/ Ban the Box ,
Civil Rights Act ,
Class Action ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Job Applicants ,
Race Discrimination ,
Retailers ,
Screening Procedures ,
Target ,
Title VII
In April 2012, the Equal Employment Opportunity Commission (“EEOC”) issued updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more
12/22/2017
/ Ban the Box ,
Civil Rights Act ,
Conditional Job Offers ,
Criminal Background Checks ,
Discovery ,
Disparate Impact ,
Dollar General ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Race Discrimination ,
Retailers ,
State and Local Government ,
Strategic Enforcement Plan ,
Title VII
The filing of a new discrimination lawsuit by the Equal Employment Opportunity Commission (EEOC) answers the question whether, after five years of intensive scrutiny, employers can breathe a sigh of relief in terms of...more
7/18/2017
/ Civil Rights Act ,
Corporate Counsel ,
Criminal Background Checks ,
Discrimination ,
Disparate Impact ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Hiring & Firing ,
Race Discrimination ,
Retaliation ,
Slurs ,
Title VII
The U.S. District Court for the Eastern District of Wisconsin recently held that an employer potentially violated the Fair Credit Reporting Act (FCRA) when it provided the employee with three days to dispute information...more
7/3/2017
/ Consumer Reporting Agencies ,
Corporate Counsel ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Application ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
Job Applicants ,
USPS